Any and all original material on the EFF website may be freely distributed at will under the Creative Commons Attribution License, unless otherwise noted. All material that is not original to EFF may require permission from the copyright holder to redistribute.
You do NOT have to ask permission to post original EFF material on a mailing list or newsgroup, to use an EFF logo as a pointer to us on your web site, or to reprint an EFF statement in a newspaper article. Permission to do such things is explicitly granted. Please do not write to us asking for permission, as this wastes our time and yours.
If you redistribute something you got from the EFF site, it is appreciated if you make it known where the file originated, so people can get more info or updated versions.
If you believe there is content on the EFF website that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be sent to our designated agent, Corynne McSherry, via email ([email protected]) or fax (415-436-9993).
We may display a copy of your DMCA notice in place of the removed content.
Note: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. One company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees under this provision. See http://www.eff.org/cases/online-policy-group-v-diebold. In addition, “in order for a copyright owner to proceed under the DMCA with “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,” the owner must evaluate whether the material makes fair use of the copyright.” Lenz v. Universal, 572 F. Supp. 2d 1150, 1155 (2008)
EFF reserves the right to review the allegedly infringing material and independently determine whether it is infringing.
Please also note that the information provided in this legal notice will be forwarded to the person who provided the allegedly infringing content. A copy of this legal notice may also be sent (with your personal information removed) to a third-party that may publish and/or annotate it for noncommercial research and educational purposes.
Counter-Notification: What You Can Do If Your Content Was Removed
If you believe material you posted to EFF’s site was not infringing, you can submit a counter-notice. If you need assistance in determining whether the material was not infringing, please contact our Intake Coordinator (via email at [email protected]), who may be able to help you find an independent attorney to evaluate your situation.
A counter-notification must include the following:
- Identification of the specific URLs of material that EFF has removed or to which EFF has disabled access.
- Your full name, address, telephone number, and email address.
- The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which EFF is located, and will accept service of process from the claimant." EFF is located in the Northern District of California.
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
A scanned physical signature or a valid electronic signature is fine.
Please send your counter-notice to Corynne McSherry, via email ([email protected]) or fax (415-436-9993)
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.
After we send out the counter-notification, the claimant must then notify us within 10 business days that the claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on EFF’s site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, generally we will reinstate the material.
Please also be advised that in appropriate circumstances we terminate repeat infringers.